Mutação constitucional: uma análise crítica sobre os limite da aplicação pelo Supremo Tribunal Federal (STF)

Abstract

Constitutional mutation is a legal phenomenon characterized by changes in the meaning and scope of constitutional norms without formal amendment of the constitutional text. In a context marked by intense social, political, and institutional transformations, this mechanism plays a relevant role by enabling the Constitution to adapt to new societal demands while preserving its normative force. However, excessive or unrestrained application of constitutional mutation may undermine essential foundations of the Democratic Rule of Law, particularly legal certainty and the separation of powers, thus becoming an unconstitucional change. In this scenario, the Brazilian Supreme Federal Court plays a central role, as its decisions have promoted significant reinterpretations of constitutional provisions through evolutionary interpretation. This dissertation aims to critically analyze the limits of constitutional mutation as applied by the Supreme Federal Court, assessing its impacts on normative stability and the balance among branches of government. A qualitative methodology is adopted, based on bibliographic, doctrinal, jurisprudential, and legislative review. The study examines the historical and theoretical foundations of constitutional mutation, analyzes landmark decisions of the Supreme Federal Court, and discusses the phenomenon from sociological, philosophical, and hermeneutical perspectives. It concludes that, although constitutional mutation is a legitimate instrument for updating the Constitution, its application must observe clear limits in order to avoid unconstitutional mutations that weaken democratic legitimacy and unduly expand judicial power.